Jensen v. UW-Milwaukee - Case No. 88-0077-PC - Findings of Fact and Decision and Order

Sep 16, 2026

Upload by Paura

Decision and Order in Jensen v. UW-Milwaukee, Case No. 88-0077-PC, addressing jurisdictional objections and the effects of a probationary termination tied to employment classification and bargaining-unit status. The record summarizes undisputed facts about the offset press operator position, later promotion to Program Assistant 1, termination notices for unsatisfactory performance, and layoff actions after reorganization eliminating the former role. The opinion analyzes whether the appellant is entitled to transfer or promotion rights under Wisconsin administrative code provisions and the applicable labor agreement layoff procedures.

LanguageEnglish

CategoryLetters

FormatPDF

Pages8

Reading Time3 min

AccessFree to download

Findings of Fact

Employment history and probation

Termination notice and reorganization

Layoff procedures and options

Opinion

Jurisdictional arguments

Promotion vs transfer rights under ER-Pers provisions

Relevant administrative rules

****★ ****★ *★ *★ ** * * SALLY GAUGER JENSEN,. * Appellant, * * * V. * President,UNIVERSITY OFWISCONSIN SYSTEM(Milwaukee),* * * Respondent. * * Case No.88-0077-PC * **★★★★★★★★★***★* This matter is before the Commission upon a jurisdictional objection.The parties filed briefs.The following facts appear to be undisputed. # FINDINGS OF FACT 1. Prior to January 17,1988,appellant was employed by respondentas an Offset Press Operator 2.Appellant had obtained permanent status inthat classification.Her position was in the Blue Collar bargaining unit. 2. Effective January 17,1988,appellant began employment by respon-dent as a Program Assistant 1. The appellant was required to satisfactori-ly complete a six month probationary period.The letter of appointmentstated that the appellant was being promoted to the Program Assistant 1position. Program Assistant 1 positions are in the Clerical and RelatedBargaining Unit. 3.On May 23,1988,appellant was notlfied that her employment as aProgram Assistant 1 would be terminated on June 10,1988 due to unsatisfac-tory performance. 4. By letter dated May 24,1988,the president of union Local 82 forthe University of Wisconsin-Mi1waukee was notified that former Offset Press DECISION AND ORDER Jensen v.UW-MilwaukeeCase No.88-0077-PCPage 2 Operator 2 positions had been eliminated due to an"impending reduction inthe work force."The letter stated,in part: The previous incumbent [i.e.,the appellant]transferred to acounterpart position in a different employing unit and will notpass her probationary period.Consequent1y,the elimination ofthe position In which she attained "permanent status"mandatesthat we now utilize the layoff provisions to ascertain herplacement or layoff. 5.By letter dated June 10,1988,the director of respondent's Department of Personnel Services wrote the appellant: You have been notified by your supervisor that you will notattain permanent status in class as a Program Assistant 1 in theDepartment of Financial Aid as you will be terminated frompermissive probation effective June 24,1988.Because yourformer position as Offset Press Operator 2 in the Department ofPrinting Services has been eliminated through reorganization,your employment status wil1 be determined through exercise of thelayoff provision of Article VIII of the WSEU Labor Agreement.Effective June 24,1988,you will be in layoff status under theterms of the Agreement. You have attained permanent status in class as an Offset PressOperator 2 in Administrative Affairs.Article VIII of the WSEULabor Contract contains the 1ayoff procedure and your layoffrights as outlined below.The contract references in parenthesesrefer to the specific article,section and subsection. Bumping -An employee affected by layoff may "elect to bumpdownward to a lower class in the same series or bump to a classwithin the employing unit in which they had previously obtainedpermanent status in the classified service and which is in thesame or a lower pay range as the position occupfed at the time ofnotification of layoff"(8/5/3). There are no vacant OffsetPress Operator 1 or 2 vacancies,nor incumbents in the OffsetPress Operator series with less seniority than you. Voluntary Demotion -You may voluntarily demote to any vacancyfor which you are qualified,with the approval of the employer(8/5/3(2)),on or before June 24,1988. Voluntary Transfer -You may voluntarily transfer to any ProgramAssistant 1 or counterpart vacancy on or before June 24,1988. If you have not voluntarily transferred or demoted on or beforeJune 24,1988,you will be separated from state service. Yourrecal1 rights are as follows.. Jensen v.UW-MilwaukeeCase No.88-0077-PCPage 3 6. Appellant attempted to voluntarily transfer or demote to va-cancies for which she was qualified but she was unable to do so prior toJune 24,1988. 7. Appellant was laid off effective June 25,1988. # OPINION The respondent argu

FAQs

What undisputed employment changes occurred before the probationary termination?

Before January 17, 1988, the appellant was employed as an Offset Press Operator 2 with permanent status in the Blue Collar bargaining unit. Effective January 17, 1988, she began employment as a Program Assistant 1 required to complete a six-month probationary period.

Why was the appellant’s Program Assistant 1 employment terminated and what followed?

On May 23, 1988, the appellant was notified that her Program Assistant 1 employment would be terminated on June 10, 1988 due to unsatisfactory performance. After reorganization eliminated her prior Offset Press Operator 2 position, her employment status was determined through the labor agreement layoff provisions, leading to layoff effective June 25, 1988.

How does the opinion frame the dispute over rights after probationary termination?

The respondent argues the Commission lacks jurisdiction over probationary termination appeals and over appeals involving layoff and transfer rights. The appellant contends she was entitled to transfer rights under §ER-Pers 15.055 or promotion rights under ER-Pers 14.03, depending on whether her move to Program Assistant 1 was properly categorized as a promotion or a transfer, and that those rights were denied.

Sep 16, 2026

Upload by Paura